If you have ever reached for your phone while driving through Cincinnati, you are not alone. But a relatively recent change to Ohio law may make that habit far more costly than you think.
In January 2023, the governor of Ohio signed Senate Bill 288, creating the state’s hands-free driving law. This fundamentally changed how Ohio treats the use of electronic devices behind the wheel.
Breaking down what the law prohibits
Under state law, you generally may not use or hold a device while driving, but a specific exemption allows you to hold a phone to your ear for a call as long as you do not manually type. This applies on any street, highway or property open to the public for vehicular traffic.
The prohibition covers a wide range of activities beyond texting. Manually dialing a phone number, browsing the internet, scrolling social media, taking photos, recording video, making video calls and manually entering navigation directions all fall within the scope of the law.
More importantly, this is a strict liability offense. The state does not need to prove you intended to break the law, only that you were holding or using the device while operating the vehicle in motion.
Weighing the penalties for a violation
If a law enforcement officer visually observes you holding or using a device while driving, you could be subject to:
- First offense: A fine of up to $150 and two points on your driver’s license.
- Second offense within two years: A fine of up to $250 and three points on your license.
- Third or subsequent offense within two years: A fine of up to $500, four points on your license and a possible 90-day license suspension.
Fines are doubled if the violation occurs in a posted construction zone. For a first offense, you may be able to avoid the fine and points by completing an approved distracted driving safety course.
Tackling a citation under this law
If you receive a citation for violating Ohio’s hands-free law, you still have options worth exploring. The circumstances of the stop itself may be worth examining, since the officer’s observation is the basis for probable cause.
You also have the right to decline a search of your phone. Under the statute, an officer cannot seize or access your device without a warrant or your voluntary consent and must inform you of that right during the stop.
Reaching out to an attorney can help you evaluate the specific facts of your situation. They can review whether the officer conducted the stop properly and whether you qualify for the first-offense safety course apply to your case.